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(영문) 서울북부지방법원 2018.04.12 2017나38370

손해배상(자)

Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. On November 21, 2016, Defendant B parked FTF vehicles owned by the Defendant C (hereinafter “Defendants”) at the E-store parking lot located in Dobong-gu Seoul Metropolitan Government, Dobong-gu, and when G aboard the Defendants’ vehicles opened and opened the back seat of the right side, Defendant B destroyed the back portion of the Plaintiff’s HFFF vehicles on board (hereinafter “Plaintiff vehicles”).

Therefore, the Plaintiff is a part of the damages that occurred from the above accident, and the Plaintiff seeks to pay 300,000 won for the repair cost of the Plaintiff’s vehicle to the Defendants.

2. According to the evidence evidence Nos. 1, 2, and 3, the Plaintiff reported that a traffic accident occurred to the Seoul Dobong Police Station on November 21, 2016. At the time of the said report, the Plaintiff asserted that the Defendants’ vehicle had contacted the left side of the Plaintiff’s vehicle in the course of opening and leaving the door of the Plaintiff’s vehicle. On the other hand, the Defendants asserted that the said vehicle had not been contacted. The Defendants initially received the insurance company for dealing with insurance against the Plaintiff’s vehicle, and the fact that KRW 300,000 occurred at the Plaintiff’s seal expense around December 7, 2016 is recognized.

However, the above facts alone are insufficient to recognize that the Defendants’ vehicle was shocked by the Plaintiff’s vehicle in the course of opening and unloading the Plaintiff’s vehicle, or that the Plaintiff’s vehicle was damaged thereby, and there is no other evidence to acknowledge it.

3. In conclusion, the Plaintiff’s claim against the Defendants should be dismissed as it is without merit.

The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as all of the grounds are groundless.